you are not -- >> senate minority leader mitch mcconnell calls it a sharp departure from a long standing precedent. it's all about the new consumer financial protection bureau. in july, the president nominated richard cordray to run it. in december, senate republicans blocked cordray's nomination. then, senators went out of town, but made sure the president could not make a recess appointment. instead, they kept the senate in what's called pro forma session. every three days, a senator shows up, hits the gavel, stands around, then hits the gavel again, then leaves. it's like a virtual congress. president obama decided to challenge the practice. >> i think all of you should run up to capitol hill, check out the house and senate and see if you can find a single member of congress and then tell me on this working day for most americans whether or not congress is in session. >> white house counsel tells cnn -- and the administration believes for all practical purposes, the senate is in recess. but is the president flip-flopping? when he was a senator, he opposed president bush's recess appoi